Cohabitees' Property Rights and Trusts

These flashcards cover key concepts related to cohabitees' property rights, beneficial interests, and the legal principles surrounding trusts as discussed in the lecture.

What determines legal ownership of a property according to the lecture notes?

Legal ownership is determined by the persons named as proprietors on the property register or on the conveyance if unregistered, as stated in S52(1) Law of Property Act 1925.

How is beneficial interest more complex to establish compared to legal ownership?

Beneficial interest can be established by an EXPRESS or IMPLIED TRUST, with express trusts requiring written documentation under s53(1)(b) LPA 1925.

What is a resulting trust?

A resulting trust arises when a non-legal owner makes a direct financial contribution to the purchase price, leading to a presumption of entitlement to a proportional share of the beneficial interest.

What can rebut a resulting trust?

A resulting trust can be rebutted if the contribution by the non-owner was a gift or a loan.

What must be established for a constructive trust?

To establish a beneficial interest under a constructive trust, there must be common intention to share the beneficial interest and reliance on that intention leading to detrimental action by the non-legal owner.

In terms of express common intention, what is the significance of discussions between parties?

Express common intention is based on express discussions between the parties that indicate agreement about the beneficial ownership of the property.

What did the case Eves v Eves illustrate about express common intention?

Eves v Eves demonstrated that express discussions and reliance on statements regarding property ownership can establish a beneficial interest even amidst differing legal title circumstances.

What did the case of Geary v Rankin tell us about common intention concerning property?

In Geary v Rankin, an agreement to run a business together was found not to equate to a common intention to share beneficial interest in a property that was not a family home.

What is the significance of detrimental reliance in the context of express common intention?

Detrimental reliance means the claimant must show that they acted to their detriment based on the established common intention, resulting in a significant alteration of their position.

What did the case Midland Bank v Dobson state regarding detrimental reliance?

Midland Bank v Dobson held that simply using income for household expenses does not amount to detrimental reliance; it must be more significant contributions made after the property's purchase.